Terms and conditions of sale (RCHI)

Prices displayed prices are full UK retail prices including VAT at 20%

Complaints about the products must be notified either by email or registered letter within 7 days from receipt of goods. Later complaints will not be accepted. Goods signed for as in good condition cannot later be exchanged as faulty

Delivery time indicated on an order confirmation does not bind the company and can be modified with reasonable delay

Changing of products The manufacturing company reserve the right to change the products whenever and without notice for technical production reasons

Fabric, marble and leather on each fabric or leather label there is an alpha-numeric category and code, composition and recommended use. The colours of the leather and the fabric samples are to be considered indicative as it is technically impossible to keep the same tonality, which can change from lot to lot. Eventual leather imperfections are normal characteristics of quality natural leather. Marble is a natural product and variations in tone and variegation are typical of this material, therefore each example is unique

Measurements Dimensions of the furniture are in cm and are executed with a tolerance of 2%. Measurements of fabric/leather for upholstery specification are in metres. Fabric is 140cm high

Special orders Special orders are possible on request for some models with a payment of an additional fee on the full retail price. This will be arranged by receiving a quotation from the manufacturer. Special orders must be authorised by the manufacturer before an order can be placed

Additional informations All cushions, bedcovers and quilts are sold together only with the beds or sofas and only with fabrics from the RCHI collection. The sale of any of these articles without the bed or sofa is not allowed

 Materials and colours within the same category for upholstery, logos and/or trimmings do not change price 

 Variations of lacquering, metal finishing and/or glass do not change the price 

Order terms and conditions

 Kings of Chelsea accepts your order described on the EPOS receipt subject to the following terms and conditions of sale which apply to your order to the exclusion of all other terms and conditions including the standard terms and conditions of any other retailer’s sales and return policies. Nothing in these terms and conditions shall affect your statutory right 

 1) Definitions and Interpretation 

1 “Agreement” means the terms and conditions of sale set out in this document together with the EPOS order receipt and any special terms and conditions set out in writing therein

2 “goods” means the goods/services on the EPOS receipt

3 “Kings of Chelsea” “we” or “us” refers to Kings of Chelsea

4 “order” means your order for the for the goods set on the EPOS receipt

5 “price” means the price payable for the goods inclusive of VAT but excluding all other costs including delivery and storage

6 “shipping costs” means your costs of shipping and/or the administration fees payable to Kings of Chelsea

7 “you” or “your” means the person identified or named on the EPOS receipt who has bought or agreed to buy the goods from Kings of Chelsea and whose order has been accepted and processed by Kings of Chelsea

2) Orders and Cancellation 

1 Except where goods are already in stock they will be made to order. Upon acceptance of your order we shall therefore place an order with our supplier for the goods making a contractual commitment to our supplier and incurring administrative costs on your behalf. As a condition to this agreement we therefore require a deposit of 50% of the price or such higher percentage as we reasonably require and agree with you (the “deposit”) in each case the deposit shall represent a genuine pre-estimate of our loss should you break the contract

2 If the goods you have ordered are a) are to be delivered within 8 weeks and/or b) have a price of £5000 or less and/or c) the goods are already available in stock you will be required to pay the price and any shipping costs in full upon placement of the order. For the purposes of section 2.3 50% of this price (set out on the order) shall be treated as the deposit.

3 You may cancel your order without forfeiting the deposit by notifying us within 7 days of the order either by email to info@kofc.co.uk or by letter sent by recorded post to the address stated on the EPOS receipt. You may not cancel your order after that 7 day time period (except where we are in material breach of this contract) but if you do request cancellation we will retain the entire deposit and recover any additional losses that we suffer as a result of cancellation.

4 We may cancel your order (by providing notice to you) (a) if we are not able to place your order with our supplier in which case we will refund your deposit and any other sums you have paid us in respect of your goods but will not otherwise be required to pay any compensation in the circumstances described in sections 3.3, 5.5, 5.6, 7.3 and 8.3

3) Payment of Balance 

1 Where you have not paid the full price at the time of ordering your goods, we will request payment of the difference between the price (plus any shipping or delivery costs) and the deposit (“the balance”) approximately 21 days prior to the date of dispatch of your goods to us by our supplier (“the dispatch date”). The balance must be paid to Kings of Chelsea no later than 14 days prior to the dispatch date (the “due date”). Please see section 4 below regarding payment methods

2 If you have chosen to purchase your goods by credit or debit card, we may on or after the due date charge the balance to the credit or debit card number given to us on the EPOS system, provided you have authorised us to do so on the order form and subject to us obtaining any applicable security code from you

3 If we do not receive the balance by the due date we reserve the right to delay delivery of your goods until payment is made. If we have not received the balance in cleared funds within 14 days after the dispatch date we may cancel your order and retain your deposit. If our losses exceed the amount of the deposit we may also claim for those additional funds

4) Payment Methods 

1 The method of payment of the deposit and any balance will be agreed between you and the salesperson at the time you place your order, and may be subject to further validation checks. We accept MasterCard, Visa, and American Express, Debit cards, cheques, cash and bank transfers. Cash payments are subject to current European laws that restrict cash payments in excess of 15,000 Euros.

2 If you have chosen to pay using a credit card or by cheque or debit card, it is your responsibility to ensure that you have sufficient available credit or funds to cover the price of the goods

5) Delivery 

1 When you place your order our salesperson will give you an estimate of the likely delivery date(s) for your goods to our warehouse based on our suppliers confirmed production schedules. Unless we specifically agree otherwise in writing these dates will be offered AS GUIDANCE ONLY. We will endeavour to deliver your goods on or shortly after the estimated delivery date but please be aware that we CANNOT GUARANTEE THAT DELIVERY DATE AND WE DO NOT ACCEPT LIABILITY FOR ANY LOSS OR EXPENSE INCURRED BY YOU IF DELIVERY IS NOT MADE BY THAT ESTIMATED DATE

2 When your goods are ready for delivery we will contact you by telephone or email (failing that by post) to agree a delivery date. If by post, you will be asked to contact us to arrange a delivery date. Once we have agreed a delivery date we will be committed to delivery on that date and you will be responsible on that date for accepting the delivery and arranging appropriate means of access and installation (see section 6 below) If you are not willing or able to accept a delivery date which falls within a 28 day period from our first attempt to contact you, you will start to incur storage charges of £60 per week. We will invoice you at the appropriate time. All outstanding charges must be paid prior to delivery of the goods

3 If you agree to a delivery date but our deliverers are, on that date, unable to obtain access to the delivery address (see section 6 below) you will incur additional redelivery charges

4 We will deliver goods to the delivery address specified on your order form. It is noted however that (regardless of the address on the order form) certain credit or debit cards insist on shipment to the cardholder’s billing address. Kings of Chelsea will follow the credit and debit card requirements.

5 If you are not willing to accept delivery of your goods within a 28 period from us first attempting to contact you, or it has been specifically agreed with us otherwise, we shall be permitted to cancel your order and re-sell the goods. In those circumstances we shall retain the deposit and balance pending an attempted re-sale of the goods. If the goods are re-sold we shall (within a reasonable period) return to you an amount equivalent to the resale proceeds after deduction of our additional reasonable costs and expenses. Please note that if we do re-sell the goods it is likely to be at a substantial discount. If we are not reasonably able to re-sell the goods we shall be permitted to retain the price paid by you in full

6 If, for a period of 28 days from being notified that the goods are available for delivery, you are unavailable and/or do not respond when we try to contact you to arrange delivery of your goods, we shall give you notice that unless you agree to take delivery within 28 days (of that notice), the order will be cancelled and we shall be permitted to take the steps referred to in section 5.5 above

 6) Delivery Charges, Means of Access and Installation 

1 You will be responsible for providing Kings of Chelsea with access to the delivery address as necessary for the delivery (and if included in your order the installation of the goods). The delivery charge will be set according to our current scale of delivery charges which we will discuss with you at the time of purchase. Factors affecting the charge include the delivery location and the complexity of the order

2 It is up to you to make sure that we will be able to access and deliver the goods to the delivery address. If there is uncertainty it will be necessary for you to conduct a site survey to your order being accepted. Kings of Chelsea can carry out a site survey for a charge of £30 which may be offset against the order when it is confirmed. It is up to you to notify us in advance of delivery of any potential problems with access. (Including vehicle access, stairs, narrow doors, low ceilings or any other barriers) and to make (and to notify us of) any other related delivery arrangements (such as arranging parking permits or hiring cranes). Where delivery is complicated by such factors, additional charges will be payable (prior to delivery) in addition to the standard delivery charge. You must also make sure that there will be sufficient space for the goods when they are delivered. If we cannot get access or the goods do not fit, we will arrange (at your expense) for delivery to be made to another location specified by you. If there is no alternative location, we will cancel your order, take the goods back and follow the resale procedure set out is section 5.5. We will only remove any existing furniture by prior agreement and at a prearranged cost. We do not offer this service as standard. Mattresses must be prewrapped. Kings of Chelsea will not move any pre-exiting furniture within your delivery address, as we are not insured for this purpose. Kings of Chelsea will not pay for loss or damage to the goods or your property which are caused due to a) us following your instructions; b) there being limited or no access and/or where the goods do not fit into the property (unless the loss or damage is caused by our negligence); or c) where installation is required and there has been no Measure and Plan survey.

7) Shipping Outside the UK 

1 If our goods are to be delivered to a non-UK mainland address, shipping can be arranged through Kings of Chelsea and we will give an indication of shipping charges on request. The shipping quotes are treated as enquiries only until confirmed.

2 Our shipping quotes will be based on your order being shipped as one consolidated amount. Should you require more than one shipment, additional charges will apply. The shipping quotation (if any) will be valid for 14 days from the date of quotation. After this period a new quotation will be required.

3 Alternatively, you may (subject to paying £50 administrative fee to Kings of Chelsea) arrange shipping through a freight forwarder or shipping agent (either a “carrier”) of your choice. Once the goods are available for collection we will notify your designated carrier who would then be required to provide us with a minimum of 48 hours’ notice of your planned collection date. If your carrier does not arrange for collection of the goods within 28 days from notification, we shall be able to cancel your order and resell the goods following the procedures set out in clause 5.5

4 If your goods are ordinarily liable for VAT and are being shipped to an address outside the EC a) If Kings of Chelsea arranges shipping no VAT will be charged on those goods in accordance with UK VAT regulations; or b) if you are using your own carrier you will be charged VAT on the goods when you pay for them. Kings of Chelsea will forward the export documentation to your carrier, who will be responsible for packing the goods and producing them and the export documentation to the relevant custom authority for examination and certification. When Kings of Chelsea receive the proof of export back from the carrier we will then issue you with a VAT refund. Under no circumstances may any such goods be delivered to, or used by, EC residents prior to export from the EC. REMEMBER; IF YOUR FREIGHT FORWARDER OR SHIPPING AGENT FAILS TO PROVIDE SUFFICIENT PROOF OF EXPORT YOU WILL NOT GET A VAT REFUND

5 You will be responsible for the payment of all local takes or import duties that become liable at point of entry regardless of whether or not UK VAT has been paid on the order. Such duties vary country by country and according to the type of merchandise being imported and you should always check with the relevant local authorities for advice in advance of placing your order.

8) Acceptance 

1 When your goods are delivered (and installed), you (or a responsible person acting on your behalf) will be asked to inspect the goods and sign the drivers delivery document to acknowledge delivery (and installation).

2 Please examine your goods carefully, as soon as reasonably possible after delivery and provide prompt notification to us in writing/email of any error, damage or defect which is apparent in the goods (so that this can be remedied). Claims may be reduced or rejected if we have not been given an opportunity to put matters right.

3 Returns of furniture items are dealt with in accordance with your statutory rights and Kings of Chelsea’s standard return policies will apply.

4 You must retain your EPOS till receipt as evidence of purchase

5 If you have any post-delivery complaints, please address them to The Manager, Kings of Chelsea, 387 Kings Road, London SW10 0LR

 9) Passing of Property and Risk 

1 Ownership of the goods will pass to you once we have received payment in full for them and they have been delivered to you. Once the goods have been delivered to the delivery address you will be responsible for any loss or damage to the goods except if such loss or damage was 1) caused by our negligence or 2) due to a manufacturing defect or design fault

10) Unavoidable Delays 

1 We will not be liable for any delay or failure in performing our obligations under this Agreement and where that delay or failure results from any acts, events, non-happening or accident beyond our reasonable control, such as war, threat of war, terrorism, sabotage, civil or military disturbance, fire, explosion, storm, flood, earthquake, or other natural disasters, strikes, lockouts, or import or export embargoes, or the impossibility of us using railways, shipping, aircraft, motor transport or other means of public or private transport. If such circumstances arise, we will let you know in writing.

11) Limitation of Liability 

If we breach any of our obligations to you under this Agreement, we will only be liable for the losses (if any) that you suffer as a direct and natural result of our breach. We will not be responsible for any losses which arise as an indirect result of our breach which would not have been contemplated by us at the time of your order. Furthermore, we do accept responsibility to pay damages to you in respect of any loss of enjoyment, loss of profit, or loss of opportunity. Nothing in this Agreement will affect your statutory rights or limit our liability for fraud, or for death or personal injury resulting from our negligence or the negligence of our employees, servants or agents. 

12) Legal Effect 

1 Your signature of the order form confirms that you have read, understood and agreed to be bound by this Agreement.

2 If any part of this agreement is found to be unenforceable, it will not affect the enforceability of the remainder of this agreement.

3 This agreement shall be governed by the law of England and Wales and both parties accept the non-exclusive jurisdiction of the courts of England and Wales

4 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of disagreement. If you have asked us to deliver the goods to another person then that person will not be a party to this agreement.

ADDENDUM 

13) Clearance and Ex Display items 

1 Floor stock items and ex display items are SOLD AS SEEN and are not subject the to the same terms and conditions as above

2 Floor stock and ex display items are sold as the condition noted in the showroom and any flaws, marks and general wear and tear are noted at the POINT OF SALE

3 Kings of Chelsea will not accept clearance or ex display items back for refund or exchange unless the item can be proven to be faulty and not fit for purpose due to a manufacturing fault

4 Once signed for upon purchase these items pass in full to you